TERMS OF USE - EXPERTS

Last updated March 29, 2024

Kurist ("Company") maintains this online platform and website, https://www.kurist.com/ (collectively, the "Site"), as a source of information about Company and its products and services, and as a means of connecting licensed physicians, patients, and other individuals who are seeking medical second opinions (collectively, "Users") with licensed physicians who are based in the United States (collectively, "Experts") and capable of providing Users with medical second opinions, including any health care consultation, evaluation, or treatment advice or services in connection with such medical second opinions (collectively, "Second Opinions") and any other services provided through the platform.

Company offers different Terms of Use for Experts and Users, as the manner in and purposes for which Experts and Users use the Site differs. This Terms of Use agreement applies to Experts. If you are a User, please refer to the Terms of Use that applies to Users, which is available here.

Within the following terms and conditions (this "Agreement"), "you" or "your" may refer to any Expert who uses the Site, including by providing Second Opinions or by browsing or creating an account on the Site or participating in any other activities or accessing services through Company.

By using the Site, you agree (i) to comply with and be bound by this Agreement, which Company may change at any time by posting notice on the Site; (ii) to abide by the standards of any additional Expert guidance or requirements, which Company makes available on the Site or otherwise provides to you; and (iii) to the extent you use the Site to obtain consultation or Second Opinions from other Experts with respect to your own patients, that you will also be considered a User of the Site, in which case you must form a separate User account and abide by the Terms of Use that applies to Users in connection with such purposes. You should read this Agreement carefully and check it periodically for changes. If you do not accept this Agreement, do not use the Site.

No Provision of Medical Services

Company does not provide Second Opinions or medical services of any kind. Site Content (as defined below), including any information or services provided or available through the Site (including those which use the terms "medical" or "health care"), is not intended as, and should not be considered, professional medical or health care services or advice, the practice of medicine, patient care, or telemedicine. If you think you or someone else is having a medical emergency, you should call a licensed and qualified physician or local emergency telephone number immediately.

Use of the Site or Site Content, including use of or reliance upon any information or Second Opinion provided through the Site, does not establish any clinician-patient relationship, whether between Company and any individual or entity, or between any Expert and User (including where an Expert provides a Second Opinion to a User). All Second Opinions, information, and services provided through the Site should be provided for informational purposes only. Experts use and rely upon any information or materials received through the Site (whether from Users or Company) at their own risk, and should never disregard their own best professional judgment in preparing a Second Opinion or treating any patient because of any such information or materials.

The Expert is solely responsible for the content of each Second Opinion or other services provided through the platform. By providing a Second Opinion through the Site, Expert acknowledges and agrees that the information contained in the Second Opinion is accurate and Expert has utilized Expert's best professional abilities to review the relevant information and materials provided and prepare the Second Opinion in good faith. Company makes no representation as to, and assumes no responsibility for, the content, accuracy, helpfulness, or quality of any Second Opinion which an Expert provides to a User through the Site. Company specifically disclaims all responsibility for any liability, loss, risk, decline in health, or delay in receiving treatment or care, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of (i) any information or materials provided or made available through the Site; or (ii) any information, services, or Second Opinions exchanged between Experts and Users that does not occur through the Site.

No Clinical Recommendation of Experts

Company operates the Site as a platform for Users and Experts to connect for the rendering of Second Opinions or other services provided through the platform. Experts who use the Site represent and warrant they possess all qualifications and licenses which are legally required to practice medicine in the jurisdiction in which they are located, and that all information and statements they post to or share on the Site (including information related to professional experience and specialty practice areas) is as complete and accurate as possible. Company does not specifically recommend any particular Expert who offers Second Opinions through the Site to become a treating provider. Company does however rank Experts based on their responsiveness and activity and prioritize those Experts on the platform. Company also does not warrant the accuracy or effectiveness of any Expert's Second Opinion, regardless of whether it is offered or provided through the Site or otherwise.

Use and Disclosure of Patient Information

As a condition of using the Site to request a Second Opinion, Users are required to consent to the transfer and processing of any health and other personal information to an Expert through the Site. As a condition of using the Site to provide a Second Opinion, you, as an Expert, further agree that you are solely responsible for storing, protecting, using, and disclosing any health and other personal information received through the Site only in accordance with all applicable data privacy and security laws in your jurisdiction and the jurisdiction in which the patient is located. In particular, but not by way of limitation, you agree as follows:

  1. You will not use and disclose any health and other personal information received through the Site except (i) for the purposes of providing a Second Opinion and any ancillary professional and administrative services that Expert is reasonably required to perform to deliver the Second Opinion; (ii) as required by law; or (iii) to a third-party vendor pursuant to an agreement under which the third-party vendor is required to protect the confidentiality of the information according to the same standard to which you are held by applicable law and this Agreement, only use the information for the same purposes for which you may use the information, and notify you of any acquisition, use, or disclosure of the information that is not permitted by the agreement.
  2. You will use or disclose only the minimum amount of health and other personal information received through the Site which is necessary to accomplish any purpose for which you are permitted to use or disclose such information.
  3. You will only provide access to health and other personal information received through the Site to employees who have a business need to know.
  4. You will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any health and other personal information you receive through the Site, to the extent required by applicable law. You will further train and educate employees as to these safeguards.
  5. In the event of any use or disclosure of health and other personal information received through the Site which is not permitted under applicable law or this Agreement (including by one of your third-party vendors), you will immediately notify both Company and the User who provided the information through the Site, and take any actions necessary to mitigate any harmful effect which may result from the use or disclosure, as well as any other actions or steps required of you under applicable law.

In the event any applicable data privacy and security law includes standards for the protection and maintenance of data which are more restrictive than the requirements stated in Section 3.1, you agree to comply with the more restrictive standards. Company does not provide any advice regarding the applicability of a particular law. You are solely responsible for identifying and complying with all laws, in any jurisdiction, which apply to your provision of a Second Opinion using health and other personal information transferred and processed through the Site.

As a condition of using the Site, you expressly agree Company will not, under any circumstances, be held responsible for any improper or illegal use or disclosure of patient health or other personal information obtained through the Site by you or any of your employees, contractors, agents, or vendors.

To the extent that you rely upon third-party applications or vendors to transfer or process health or other personal information, e.g., videoconferencing or email platforms, calendar and scheduling tools, or interpreter services, you acknowledge that Company has no control over such applications or vendors, and you are solely responsible for any incident in which an application or vendor causes a breach or improper use or disclosure of such information. Please see the Privacy Policy published at https://www.kurist.com/privacy-Policy for further details.

Use and Disclosure of Patient Information

As a condition of using the Site to request a Second Opinion, Users are required to consent to the transfer and processing of any health and other personal information to an Expert through the Site. As a condition of using the Site to provide a Second Opinion, you, as an Expert, further agree that you are solely responsible for storing, protecting, using, and disclosing any health and other personal information received through the Site only in accordance with all applicable data privacy and security laws in your jurisdiction and the jurisdiction in which the patient is located. In particular, but not by way of limitation, you agree as follows:

  1. You will not use and disclose any health and other personal information received through the Site except (i) for the purposes of providing a Second Opinion and any ancillary professional and administrative services that Expert is reasonably required to perform to deliver the Second Opinion; (ii) as required by law; or (iii) to a third-party vendor pursuant to an agreement under which the third-party vendor is required to protect the confidentiality of the information according to the same standard to which you are held by applicable law and this Agreement, only use the information for the same purposes for which you may use the information, and notify you of any acquisition, use, or disclosure of the information that is not permitted by the agreement.
  2. You will use or disclose only the minimum amount of health and other personal information received through the Site which is necessary to accomplish any purpose for which you are permitted to use or disclose such information.
  3. You will only provide access to health and other personal information received through the Site to employees who have a business need to know.
  4. You will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any health and other personal information you receive through the Site, to the extent required by applicable law. You will further train and educate employees as to these safeguards.
  5. In the event of any use or disclosure of health and other personal information received through the Site which is not permitted under applicable law or this Agreement (including by one of your third-party vendors), you will immediately notify both Company and the User who provided the information through the Site, and take any actions necessary to mitigate any harmful effect which may result from the use or disclosure, as well as any other actions or steps required of you under applicable law.
  6. In the event any applicable data privacy and security law includes standards for the protection and maintenance of data which are more restrictive than the requirements stated in Section 3.1, you agree to comply with the more restrictive standards. Company does not provide any advice regarding the applicability of a particular law. You are solely responsible for identifying and complying with all laws, in any jurisdiction, which apply to your provision of a Second Opinion using health and other personal information transferred and processed through the Site.
  7. As a condition of using the Site, you expressly agree Company will not, under any circumstances, be held responsible for any improper or illegal use or disclosure of patient health or other personal information obtained through the Site by you or any of your employees, contractors, agents, or vendors.
  8. To the extent that you rely upon third-party applications or vendors to transfer or process health or other personal information, e.g., videoconferencing or email platforms, calendar and scheduling tools, or interpreter services, you acknowledge that Company has no control over such applications or vendors, and you are solely responsible for any incident in which an application or vendor causes a breach or improper use or disclosure of such information. Please see the Privacy Policy published at https://www.kurist.com/privacy-Policy for further details.

Intellectual Property Ownership; Conditions on Use

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, information, and other content of the Site, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail, any social media platform, or other means (collectively, "Site Content") are proprietary to Company or third-parties.

Except with respect to patient personal or health information used in the provision of Second Opinions, which Experts must view, maintain, and protect in accordance with Section 3, Company otherwise authorizes you to view, download, and print Site Content in limited quantities solely for your personal, non-commercial use. You may not remove any copyright, trademark, or other proprietary notices that have been placed in Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting Site Content in any manner, or any portion of Site Content, is strictly prohibited without the prior written permission of Company.

All software used on the Site is proprietary to Company or third-parties, and any use (except as may be required to undertake your activity expressly permitted in the prior paragraph above), redistribution, sale, decompilation, reverse engineering, disassembly, translation, other reduction to human-readable form, or other exploitation in any manner, of such software is prohibited.

The mark(s), and any related marks or logos are registered or unregistered trademarks of Company, and may not be used in connection with any service or products other than those provided by Company, in any manner that is likely to cause confusion among members of the public, or in any manner that disparages or discredits Company. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.

You agree that you will comply with all applicable laws, rules, and regulations in your use of the Site and Site Content, and you will be solely responsible for your own violations thereof.

By using the Site, you agree that you will accept your Expert Fees (minus the deducted Processing Fees and Platform Expert Fees) as full compensation for any Second Opinion or other services provided to a User and will not seek further compensation from any User, patient, or third-party payer. Company will not, under any circumstances, be held responsible for any investigation, claim, or damages which result from you billing a User, patient, or third-party payer for any such services, including due to your use of an improper CPT or ICD code.

Registration

To provide Second Opinions or otherwise access certain services, information, or other content on the Site, you may be required to create an account by providing current, complete, and accurate information, and making certifications as to the location of your practice in the United States, your State of residence, and your licensure and eligibility to provide professional services in any relevant jurisdictions, as prompted by the online enrollment form. Your submission of all such account information and certifications constitutes your representation that they are complete and accurate at the time of submission, and that you agree to provide written notice of any changes to such information or certifications to Company within fourteen (14) days of such change. We reserve the right to suspend or cancel your account in the event we learn any of your information or certifications are incorrect, and to take any legal action necessary to recoup any damages that occur to Company based on such incorrect information or certifications.

It shall be your responsibility to create a strong password and to maintain the confidentiality of this password. You will be held solely responsible for any harm caused to any entity or individual as a result of any unauthorized use of your account. You agree to notify us immediately of any actual or suspected unauthorized use of your account, or any other breach of security.

We reserve the right to override your account's password or other security features at any time and for any reason. We also reserve the right to suspend or remove your account at any time for any reason or no reason, including if we believe you are in breach of this Agreement or if your account remains booked for an extended period.

Payment and Billing

General access to the Site will be made available to you at no cost. Upon creation of your account, you will set the fee amount ("Expert Fee") that you will charge to Users who obtain Second Opinions from you through the Site. The amount of this Expert Fee will be determined by you, in your sole discretion. Company's designated third-party payment provider (the "Payment Provider") will collect each Expert Fee from the User at the time a Second Opinion is requested. The Payment Provider will deduct the following amounts from the Expert Fee: a Platform Expert Fee, which will constitute a percentage of the Expert Fee. The Payment Provider will promptly remit the remainder of the Expert Fee to you based on the financial account information that you submit upon creation of your account. You may contact the Payment Provider if you desire to receive an invoice regarding your Expert Fee, including the deduction of the Processing Fee and the Platform Fee, for your internal administrative purposes. Except as required by law, the Payment Provider will not withhold any sums or payments made to you for any federal, state, or local tax liabilities or contributions. The payment of all such taxes will be your responsibility.

The Platform Expert Fee deducted from your Expert Fees collectively constitute Company's charge to you and are intended to represent the fair market value of the services that Company offers by operating and maintaining the Site. Company will communicate the amount of the Processing Fee and the percentage used to calculate the Platform Expert Fee to you at the time you create your account. Company will determine, and may adjust, the amount of the Processing Fee and the percentage used to calculate the Platform Expert Fee from time to time in its sole direction; however, if Company makes any such adjustment, it will provide you with written notice at least thirty (30) days before the adjusted amount or percentage becomes effective. At all times, the amount of the Processing Fee and the percentage used to calculate the Platform Fee will remain constant for each Expert regardless of the volume or value of the Second Opinions the Expert renders through the Site.

By using the Site, you agree that you will accept your Expert Fees (minus the deducted Processing Fees and Platform Expert Fees) as full compensation for any Second Opinion or other services provided to a User and will not seek further compensation from any User, patient, or third-party payer. Company will not, under any circumstances, be held responsible for any investigation, claim, or damages which result from you billing a User, patient, or third-party payer for any such services, including due to your use of an improper CPT or ICD code.

Ideas Submitted to Company

If you submit any ideas or suggestions for the Site, Site Content, or services to Company (including submissions via the Site or any email addresses of Company personnel) (collectively, "Submissions"), the Submissions will be deemed, and will remain, the sole property of Company. No Submission will be subject to any obligation of confidence on the part of Company, and Company will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Company will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator, or inventor of the Submissions.

Links to Third-Party Websites

The Site may contain links to third-party websites. Any such websites are not under our control, and we are not responsible for their content. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the website by Company. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these websites.

Agreements Between Experts and Third-Parties

As a condition of using the Site, you represent to Company that you are not a party or subject to any current or prior employment, professional services, consulting, or any other type of agreement or contract with any third-party individual or entity which contains a restrictive covenant, non-compete requirement, or other provision prohibiting you from offering Second Opinions, including to Users through the Site. You are solely responsible for ensuring that any such agreement to which you are a party does not contain any such prohibition. Company will not provide you with any legal guidance, coverage, or protection in connection with any action or omission by you which constitutes, or could allegedly constitute, a breach of any such agreement.

Insurance

Company will generally purchase and maintain on behalf of Experts professional malpractice insurance coverage which applies exclusively to an Expert's provision of Second Opinions through the Site. The terms, conditions, and eligibility for such coverage are available upon request by the Expert.

Indemnification

As a condition of using the Site, you agree that you will indemnify, defend, and hold harmless Company, including its directors, officers, managers, equity-holders, and agents, from and against all losses, liabilities, demands, claims, actions or causes of action, regulatory, legislative, or judicial proceedings or investigations, assessments, levies, fines, penalties, damages, costs and expenses (including reasonable attorney, accountant, investigator, and expert fees and expenses) incurred in connection with the defense or investigation of any claim brought by a third-party (including but not limited to a User who requests a Second Opinion) that is sustained or incurred by Company arising from or related to your (including any of your employees' or contractors' or agents') violation of any applicable law of any jurisdiction, breach of this Agreement or any other agreement or contract with any third-party individual or entity, provision of a Second Opinion, failure to provide a Second Opinion, use or disclosure of an individual's personal or health information, medical malpractice, intentional misconduct, or negligence, or any decline in health or delay in receiving treatment or care.

Warranty Disclaimers and Limitations of Liability

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE OR ANY SITE CONTENT, INCLUDING ANY SECOND OPINION RENDERED BY AN EXPERT OR INFORMATION OR MATERIALS PROVIDED BY A USER. THE SITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND WITH ALL FAULTS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (I) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (II) THAT THE SITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE SITE OR ANY SITE CONTENT; AND (IV) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR ANY SITE CONTENT.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM COMPANY ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES RELATED TO LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, DECLINE IN HEALTH, DELAY IN RECEIVING TREATMENT OR CARE, ANY CLAIM AGAINST YOU BY A USER OR THIRD-PARTY BASED ON ANY INFORMATION OR SECOND OPINION YOU PROVIDE THROUGH THE SITE, OR ANY CLAIM AGAINST YOU BY A USER OR THIRD-PARTY BASED ON THE USE OR DISCLOSURE OF PERSONAL OR HEALTH INFORMATION BY YOU OR ANY THIRD-PARTY), WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITE OR ANY SITE CONTENT, EVEN IF COMPANY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE TOTAL AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF PLATFORM EXPERT FEE DEDUCTED UNDER THIS AGREEMENT, AS DESCRIBED IN SECTION 6, DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE EVENT(S) THAT ALLEGEDLY CAUSED SUCH DIRECT DAMAGES.

Privacy Policy

Company operates the Site under the Privacy Policy published at https://www.kurist.com/privacy-Policy. for further details.

Relationship of Parties

Any agreement for the provision of Second Opinions, including those provided through the Site, is exclusively between you and a User (i.e., Company will not be considered a party to any such agreement). With respect to Company's provision of the Site and the information and services available through the Site, and your use of the Site to provide Second Opinions, you agree that you and Company will not be deemed joint venturers, partners, employees, or independent contractors of one another. Neither you nor Company will take any ownership or membership interest in the other as a result of your use of the Site. You agree that at all times relevant and pursuant to the terms and conditions of this Agreement, you will be construed to be practicing your profession independently of Company, and you shall not be deemed or construed to be an agent, servant, employee, or independent contractor of Company. Any professional services you perform, whether on behalf of Users through the Site or outside of the Site, should be based on your independent clinical decision-making. Neither you nor Company are under any obligation to make referrals to the other.

Dispute Resolution; Applicable Law; Jurisdiction

Except as expressly stated in this Agreement, you hereby waive your right to a jury trial in connection with any suit, action, or proceeding between you and Company that arises out of or relates to the Site or this Agreement (including the validity and scope of the agreement to arbitrate). We will attempt to resolve all such disputes with you to your satisfaction. If, however, such a dispute arises that cannot be resolved promptly between you and Company, you agree that it shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts. The arbitrator may render early or summary disposition of some or all issues, after we have had a reasonable opportunity to make submissions on these issues. At Company's option, this provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets (collectively, "IP Claims").

You and Company agree this Agreement, and all disputes between you and Company arising from or relating to the Site, Site Content, or this Agreement, will be governed by the laws of Delaware, without regard to any conflicts of laws principles that would apply another law. In the event that the above requirements relating to non-binding arbitration are waived by Company, or otherwise deemed invalid by a court of proper jurisdiction, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within Delaware with respect to any suit, claim, or cause of action between you and Company that arise from or relate to the Site, Site Content, or this Agreement.

Modifications and Amendments

We reserve the right to modify the Site, including any services or information available through the Site, at any time, without notice to you. We may also from time to time amend this Agreement. If we do so, we will notify you by posting an updated version of this Agreement on the site. You agree that your continued use of the Site constitutes your agreement to the amended Agreement.

Suspension and Termination

You may terminate this Agreement at any time by closing your account and ceasing to use the Site. We reserve the right to suspend your account and/or access to the Site at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Site at any time on written notice to you (including by email to Users or posting on our website or mobile applications), for any reason or no reason.

If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Site, (c) that any license and rights provided by us under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete any data or materials you have uploaded to the Site, and (e) that we shall not be liable to you, or any third-party, for compensation, reimbursement, or damages for termination of access to your account. You also agree that any accrued obligations and remedies under this Agreement, and any provision of this Agreement that by its nature should reasonably survive, will survive the termination of this Agreement.

Miscellaneous Provisions

Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly stated otherwise in specific cases, the use of "include," "includes," or "including" herein will not be limiting and "or" will not be exclusive. No waiver by Company of any breach of any provision herein will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision, and no waiver by Company will be binding unless made in an express writing signed by Company. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. This Agreement sets forth the entire agreement between you and Company regarding its subject matter, and supersedes all prior promises, agreements, discussions or representations, whether written or oral, regarding such subject matter. You may not assign or otherwise transfer this Agreement or any of your rights hereunder, or delegate any of your obligations hereunder, without the prior written consent of Company in its sole discretion. Any purported assignment or delegation without such consent will be null and void. Company may freely assign, transfer, or delegate this Agreement, in whole or in part, from time-to-time. This Agreement will be binding upon and inure to the benefit of the parties' successors and permitted assigns. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

You hereby agree that you have read and agree to the terms of this Agreement and wish to proceed as a User of the Site. In particular, but not by way of limitation, you agree:

  • You will provide all Second Opinions in a prompt, professional manner and will be solely responsible to a particular User for a refund of the portion of any Expert Fee paid to you in the event that you fail to deliver a complete Second Opinion.
  • You will store, protect, use, and disclose any individual's health and other personal information which you receive through the Site only in accordance with this Agreement and the applicable data privacy and security laws in your jurisdiction and the jurisdiction in which the individual is located, as described in Section 3.
  • You have reviewed Company's Privacy Policy and, to the extent that you share any of your personal information with Company through the Site, you consent to Company's use of your personal information for the purposes, and the disclosure of your personal information to the third-parties, described in the Privacy Policy. You acknowledge that, while Company has put in place appropriate, commercially reasonable physical, electronic, and managerial procedures and security precautions to protect your personal information, no Internet transmission is completely secure, and you are providing your consent even though Company cannot guarantee that security breaches will not occur.
  • If you are located outside of the United States, you consent to transfer your personal information through the Site regardless of whether the jurisdiction in which you are located has determined that United States laws and procedures adequately protect such information upon transfer to the United States. You acknowledge that any health and other personal information you transfer may be received, stored, used, and further disclosed by Company or an Expert in a jurisdiction where the laws relating to the security and privacy of such information are different (and may provide a lower level of protection) than the laws in the jurisdiction where you are located.
  • You will notify Company within fourteen (14) days of any change to your account information or certifications including, but not limited to, any change to the status of the location of your practice, and your medical license or board certification in any jurisdiction or any conditions which prevent you from practicing medicine in any jurisdiction.
  • You agree to the use and display of your name and other account information to Users on the Site.